High Court Punjab-Haryana High Court

Adarsh Bala vs State Of Punjab & Others on 31 March, 2009

Punjab-Haryana High Court
Adarsh Bala vs State Of Punjab & Others on 31 March, 2009
 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH



                                   Civil Writ Petition No.1286 of 2009
                                         Date of Decision: March 31, 2009


Adarsh Bala
                                                          .....PETITIONER(S)

                                   VERSUS


State of Punjab & Others
                                                         .....RESPONDENT(S)
                               .      .      .


CORAM:             HON'BLE MR. JUSTICE AJAI LAMBA


PRESENT: -         Mr. Arun Takhi, Advocate, for the
                   petitioner.


                               .      .      .

AJAI LAMBA, J (Oral)

                   Learned           counsel             contends       that

respondent No.6 contested the election and has been

declared elected as Municipal Councillor from Ward

No.2 of Urmur Tanda, Tehsil Dasuya, District

Hoshiarpur. Respondent No.6, however, was a

defaulter of the Municipal Committee, Tanda and

therefore, could not have even contested the

election.

The petitioner, who got 5 votes less

than respondent No.6, preferred an election petition

in challenge to the election, on 14.7.2008. The

proceedings in the election petition, however, are

so slow that the matter is still at the stage of

evidence of the petitioner. The prayer made in the
CWP No.1286 of 2009 [2]

writ petition, in the facts and circumstances of the

case, is that the election petition be decided

within a time-bound period.

I have considered the contentions of

learned counsel for the petitioner. The matter can

be disposed of without issuing notice to the

respondents.

The law itself requires that the

election petition be dealt with and disposed of as

early as possible, preferably within six months.

In view of the delay already caused,

the Deputy Commissioner, Hoshiarpur (respondent

No.3) is directed to decide the election petition

(Adarsh Bala vs. Subhash Chander Sondhi & Others) at

an early date and in any case, not beyond the period

of six months from the date of receipt of certified

copy of this order.


                                                        (AJAI LAMBA)
March 31, 2009                                             JUDGE
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